STATE OF H.P. Vs. HUSSAN CHAND

JUDGEMENT

(1.) A challenge has been laid by the State to the award passed by the H.P. Labour Court -cum -Industrial Tribunal, Dharamshala dated 2.3.2005 in reference No. 360/2002 (RBT No. 180/2004).

(2.) The brief facts necessary for the adjudication of this petition are that the State Government had made the following reference to the H.P. Labour Court -cum -Industrial Tribunal, Dharamshala: "Whether the termination of services of Shri Hussan Chand S/o Sh. Amar Nath, Ex. -daily wages Beldar by the Executive Engineer, Irrigation and Public Health, Division No.l -, Una, District Una, w.e.f. 31.1.99 without complying the provisions of the Industrial Disputes Act, 1947, is proper and justified? If not, what relief of service benefits and amount of compensation Shri Hussan Chand workman is entitled to -

(3.) The workman had issued demand notice under Section 2 -A of the Industrial Disputes Act, 1947 to the Executive Engineer, Irrigation and Public Health Division No. 1, Una on 30.9.2000. It appears that after the failure of the conciliation proceedings the State Government had made the reference in the year 2002. In sequel to the reference made by the State Government, the respondent hereinafter referred to as the workman had filed his statement of claim on 7.1.2003. The workman had primarily contended that he was engaged in two spells by the petitioner -State i.e. 1st March, 1997 to 20th December, 1997 and 1st May, 1998 to 31st January, 1999 and was retrenched without following the provisions of Section 25 -F of the Industrial Disputes Act, 1947 and the persons junior to him were retained at the time of his retrenchment i.e. 1st January, 2000. The employer had filed reply to the statement of claim. The principal stand of the employer before the Labour Court was that the workman himself has abandoned the job and has not joined his duties despite two letters dated 3.10.2001 and 8.11.2001 issued to him to join his duties. The Labour Court on the basis of the pleadings of the parties and evidence led by them answered the award in affirmative directing the reinstatement of the workman with all consequential benefits, including seniority and back wages to the extent of 60% on 2nd March, 2005.